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Statutory Instruments

2024 No. 638

FINANCIAL SERVICES

The Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024

Made

13th May 2024

Laid before Parliament

14th May 2024

Coming into force

4th June 2024

The Treasury make these Regulations in exercise of the powers conferred by Article 28(4) of of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) 600/2014 ( Regulation (EU) No 648/2012 1 ).

Citation, commencement, extent and interpretation

1. —(1) These Regulations may be cited as the Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024.

(2) These Regulations come into force on 4th June 2024.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) In these Regulations—

CFTC ” means the Commodity Futures Trading Commission of the United States of America.

MiFIR ” means of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 600/2014 . Regulation (EU) No 648/2012

trading venue ” means—

(a)

designated contract markets( 2 ) which are boards of trade or exchanges that operate under the regulatory oversight of the CFTC; and

(b)

swap execution facilities, which are trading facilities that operate under the regulatory oversight of the CFTC( 3 ).

Equivalence

2. The Treasury specify that for the purpose of Article 28(4) of MiFIR( 4 ) the legal and supervisory framework of the United States of America ensures that the trading venues listed in the Schedule to this Regulation

(a) comply with legally binding requirements which are equivalent to the requirements for the trading venues referred to in points (a), (b) and (c) of Article 28(1) of resulting from that Regulation, Regulation (EU) No 600/2014 and Directive 2014/65/EU ; and Regulation (EU) No 596/2014

(b) are subject to effective supervision and enforcement by the CFTC in the United States of America.

Revocation of Commission Implementing Decision 2017/2238

Amanda Milling

Scott Mann

Two of the Lords Commissioners of His Majesty’s Treasury

13th May 2024

Regulation 2

Schedule Trading venues

Part 1 Designated contracts market

1. Bitnomial Exchange, LLC;

2. Cantor Futures Exchanges, L.P.;

3. CBOE Futures Exchange, LLC;

4. Chicago Board of Trade (Board of Trade of the City of Chicago, Inc.);

5. Chicago Mercantile Exchange, Inc.;

6. Commodity Exchange, Inc.;

7. Eris Exchange, LLC;

8. ICE Futures U.S., Inc.;

9. KalshiEX LLC;

10. LedgerX LLC;

11. LMX Labs LLC;

12. Minneapolis Grain Exchange, Inc.;

13. NASDAQ Futures, Inc.;

14. New York Mercantile Exchange, Inc.;

15. Nodal Exchange, LLC;

16. North American Derivatives Exchange, Inc.;

17. OneChicago LLC;

18. Small Exchange, Inc.; and

19. trueEX LLC.

Part 2 Swap execution facilities

20. 360 Trading Networks, Inc.;

21. AEGIS SEF, LLC;

22. Bats Hotspot SEF, LLC;

23. BGC Derivatives Markets, L.P.;

24. Bloomberg SEF LLC;

26. Chicago Mercantile Exchange, Inc.;

27. Clear Markets North America, Inc.;

28. DW SEF LLC;

29. FTSEF LLC;

30. GFI Swaps Exchange LLC;

31. GTX SEF LLC;

32. ICAP SEF (US) LLC;

33. ICE Swap Trade LLC;

34. iSwap Euro B.V.;

35. LatAm SEF, LLC;

36. LedgerX LLC;

37. MarketAxess SEF Corporation;

38. Radial-X, LLC;

39. RTX Fintech & Research LLC;

40. Seed SEF LLC;

41. SpectrAxe LLC;

42. SwapEx LLC;

43. Thomson Reuters (SEF) LLC;

44. tpSEF Inc.;

45. Tradition SEF, Inc.;

46. trueEX LLC; and

47. TW SEF LLC.

( 1 )

EUR 600/2014, as amended by S.I. 2018/1403 ; there are other amendments but none is relevant.

( 2 )

Section 5 of the Commodity Exchange Act (of the United States of America).

( 3 )

5h of the Commodity Exchange Act, 7 U.S.C. 7b-3.

( 4 )

Article 28(4) inserted by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 ( S.I. 2018/1403 ), regulations 1(3), 30(1)(c)(i)(bb) (as amended by S.I. 2019/1212 , regulations 1(3), 14(4)(a) (as amended by S.I. 2020/1301 , regulations. 1, 3, Schedule, paragraph 45(a)(ii))); 2020 (c. 1) , Schedule 5 paragraph 1(1).

( 5 )

EUR 2017/2238.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Markets in Financial Instruments (Equivalence) (United States of America) (Commodity Futures Trading Commission) Regulations 2024 (2024/638)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
CFTCreg. 1.legTermtyUheN8U
MiFIRreg. 1.legTerm1GauHb3Q
trading venuereg. 1.legTermyEjTLMoW
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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